Tobacco Documents Online

Council of the of Columbla D~$c~ct Bu~.d~, 14~t snd E St.ree~s, N.W. 3:XX)4 II_ II_ I II FOR IMMEDIATE RELEbSE: May 5, 19~7 For More Information: Contact Leslie Yates, 724-8072 COUNCILMEMBER RILDA ROWLAND M. MASON (Statehood, At-Large) INTRODUCES SMOKING REGULATION LEGISLATION Councilmember Rilda Howland M. Mason announced: "Today I have introduced before the Council of the District of Columbia a bill, the 'Regulation of Smoking in Occupational, Professional, and Commercial Settings Consumer Protection Act of 1987'. "The purposes of this bill are: I) to regulate the smoking of tobacco in occupational, professional, and commercial settings, an@ in other public places, where consumers, employees, or other persons may be involuntarily exposed to such smoke; 2) to regulate the lettering, dimensions, and display of 'no smoking' signs; and, 3) to enforce and provide penalties for violations of smoking restrictions. This is a comprehensive bill, which incorporates, and in some respects adds to existing law, and prohibits smoking in enclosed, indoor areas in which the public would otherwise be involuntarily exposed to tobacco smoke. This legislation does not prohibit smoking in private residences or in designated smoking areas in other buildings, provided that similar faci3it[es which are at least equal in all respects are provided for nonsmokers. Barriers and ventilation systems are required to prevent any health hazards of smoking from affecting persons in nonsmoking areas &djacent to designated smoking areas. Such 4esignated smoking areas must comply with all other applicable laws and regulations of the District of Columbia." TI 19810052

A BILL 7-218 Hilda Howland M. Mason Co-sponsored by: John Ray (Dem.,at-Large) Jim lqathanson (Dem. ,W 3) IN THE COUNCIL OF THE DISTRICT OF COLUMBIA May 5, 1987 Councilmember Hilda Howland M. Mason introduced the following legislation, which was referred to the Committee on public Works, with co~nents from Committee on Consumer and Regulatory Affairs, Judiciary. Committee, and Human Services Committee. TO regulate the smoking of tobacco in occupational, professional, and commercial settings, and in other public places, where consumers, employees, or other persons may be involuntarily exposed to such smoke; to regulate the lettering, dimensions, and display of "no smoking" signs; and to enforce and provide penalties for violations of smoking restrictions. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Regulatlon of Smoking in Occupational, Professional, and Commercial Settings Consumer Protection Act of 1987". Sec. 2. Definitions. For the purposes of this act, the term: (I) "Capacity" means the posted level of occupancy approved pursuant to the Construction Codes for the District. (2) "District" means the District of Columbia. TI19810053

[3) "E0ucational facility" means any enclosed, indoor area used primarily as a library or to provide instruction to enrolled students, including day care centers, nursery schools, elementary schools, secondary schools, colleges, universities and other institutions of higher education. The term "e'ducational facility" shall include all enclosed indoor areas supportive of instruction, including classrooms, cafeterias, auditoriums, dining halls, restrooms, lavatories, corridors, study areas, and libraries. The term "educational facility" shall not include smoking lounges or specific smoking areas approved by the principal OE president of a school, college, or university, pursuant to guidelines established by the Board of Education in the case of a public school or by the trustees or other governing body of a college, university, or private educational institution. (4) "Enclosed" means enclosed by a roof and 4 walls with appropriate ingress and egress. (5) "Factories, warehouses, and similar places of work" means any enclosed, indoor area used primarily to manufacture or assemble goods, products, or merchandise for sale, or to store goods, products, or merchandise. (6) "Health care facility" means any enclosed, indoor area used to provide individual patient care or treatment of diseases or other medical,-physiological, or psychologlcal conditions, including hospitals, clinics, laboratories, nursing homes, or homes for the aged or chronically i11. The term "health care facility" shall not include private medical offices. (7) "Mayor" means the Mayor of the District of Columbia or the Mayor's designated agent. (8) "Nightclub" means a nightclub, as defined in D. C.. Code, sec. 25-103, except that, for the purposes of this act, the term "nightclub" does not include space outsi~e a building or adjoining a building. TI198100,54

(9) "Offices" means any enclosed, indoor area used primarily to provide clerical, professional, business, or governmental services, including District government buildings (whether leased, used, or owned by the government of the District), buildings used for retail businesses, private medical offices, office spaces, meeting rooms, auditoriums, waiting rooms, corridors, restrooms and lavatories in commercial, mixed-used, or any other kind of buildings other than in space used as the residence of a single person or family. (I0) "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind, including a government agency to which the health and safety laws of the District of Columbia may be applled without violation of the Constitution of the United States or of the District of Columbia Charter. (II) "Public," for the purposes of this act, means consumers, employees, or other persons who may be involuntarily exposed to cigarette smoke. (12) "Restaurant" means a restaurant, as defined in D. C. Code, sec. 25-103, except that, for the purposes of this act, the term "restaurant" does not include space outside a building or adjoining a building. (13) "Retail store" means any indoor, enclosed area used primarily to sell or offer for sale to consumers (not.for resale) any goods, services, merchandise, wares, or food for consumption off the premises, an~ all activities, operations and services connected with the sale or offer for sale to a consumer. (14) "Smoking" means puffing, inhaling, exhaling, burning, holding or carrying a lighted or smoldering cigar, cigarette, weed, plant, or other combustible substance in any manner or ~n any form. (15) "Tavern" means a tauern as defined in D. C. Co~e, sec. 25-103, except that, for the purposes of this act, the term "tavern" does not include space outside a building or adjoining a building. Sec. 3. Smoking restrictions. (a) Except as provided in subsection (b) of this section, smoking shall be prohibited in: (I) Any elevator; TI19810055

(2) Any room under the control of a public or private employer which employees or other members of the public normally frequent, including work areas, employee lounges and restrooms, conference rooms, hallways, and the publlc selling 9teas of retail stores. (3) Any public assembly or hearing room that is owne~, leased, or used by any branch, agency, or instrumentality of the government of the District; (4) Any passenger vehicle transporting passengers within the corporate llmits of the District that is owned or operated by the government of the District, or any passenger vehicle for hire regulated under paragraph 31 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, approved July 1, 1902 (32 Star. 626; D.C. Code, sec. 47-2829); (5) Any area of a health care facility frequented by the general public, including hallways, waiting rooms, lobbies, restrooms, lavatories, and bed space areas utilize~ by nonsmoking patients; (6) Any education'al facility; (7) Any factory, warehouse, or similar place of work; (8) Any office; (9) Any restaurant, nightclub, or tavern; and (i0) Any other enclosed, indoor area to which the public is usually invited or in which the public is usua11~ permitted. (b) This act does not prohibit smoking in: (i) An elevator in a single-family dwelling; TI19810056

(2) The public selling area of a retail store primarily concerned with selling tobacco and smoking equipment or a tobacco shop; (3) A private, enclosed office occupied exclusively by i or more persons who smoke, even though such office may occasionally be visited by nonsmokers, provided that this provision shall not be construed to permit smoking in the reception areas or lobbies of offices; (4) A private, enclosed office not occupied exclusively by 1 or more persons who smoke, provided the nonsmoking occupants affirmatively and voluntarily consent to smoking in the office; (5) Theatrical productions, by performers upon the stage, provided that the smoking is part of the theatrlcal production; (6) A private home, even though part of it may, without violation of the zoning regulations of the District, serve as an office, but which is not regularly visited by customers or clients; (7) Any public buildings or premises owned by the United States government, including appurtenant structures and portions of buildings, premises, or structures, that are under the exclusive control of an officer of the United States government in his or her official capacity. (If a lessor is responsible for maintenance and zepalrs to property leased to the United States government, the property shall not be deemed to be under the exclusive control of an officer of the United States government.}t (8) A restaurant with a capacity of fewer than twenty-five (25) persons including both customers and employees; (9) Any nightclub or tavern with a capacity of fewer than seventy-five (75) persons including both customers an< employees; (i0) Smoking lounges or other specific smoking areas, so designated by an employer, or by an owner, manager, lessee, operator, or other person in charge of a place in which smoking is prohibited by this act, provided that similar facilities which are at least equal in all respects shall be provided for non-smokers. (c) In designated smoking areas, provided for in subsection (b)(10) of this section, barriers and ventilation systems shall be used to prevent any health hazards of smoking to persons in adjacent nonsmoking areas. In the case of a place which consists of a single room, no more than I/2 of 5 TI 19810057

the room shall be designated and posted as a smoking area with adequate barriers and ventilation. An employer shall make reasonable accomodation for any nonsmoking employee working closely enough to a designated smoking area to be affected by -the smoke from it. (d) Designated smoking areas shall comply with all laws and regulations of the District. (e) When a health care facility permits patients to smoke in bed space areas, the facility shall determine a patient's individual nonsmoking or smoking preference and shall assign patients who are to be placed in bed space areas used by 2 or more patients to a bed space area with patients who have a similar smoking preference. If this cannot be done, smoking in the area in question shall be prohibited. (f) For the purpose of subsection (b)(4) of this section, any nonsmoking employee may object to his or her employer about any smoking situation which is unsatisfactory to him or her and, if an accommodation cannot be reached, the preference of the nonsmoking occupant of a private, enclosed office shall prevail. Sec. 4. "No Smoking" signs. (a) Every place in which smoking is prohibited by subsections (2), (3), (5), (6), (7), (8}, (9) and (i0) of section 3(a) of this act shall have a "No Smoking" sign prominently displayed at all times subsequent to the effective date of this act at each entrance to such place. Every elevator or vehicle in which smoking is prohibited by subsections (i) and (4) of section 3(a) of this act shall have a "No Smoking" sign prominently displayed at all times . subsequent to the effective date of this act within such elevator or vehicle. 6 T!19810058

(b) All signs posted pursuant to subsection (a) of this section shall either: (I) Be printed with capital letters no less than 1 5/8 inches high and 1 1/8 inches wide reading "NO SMOKING," displayed on a contrasting background~ or (2) Be the internationally recognized "No smoking" sign. (c) It shall be unlawful for any person to obscure, remove, deface, mutilate, or destroy any sign posted in accordance with subsection (a) of this section. Sec. 5. Nothing in this act shall make lawful smoking in any place in which smoking is prohibited pursuant to the "Construction Codes Approval and Amendment Act of 1986" (D. C. Law 6-216, effective March 21, 1987), pursuant to section 2(b) of an Act to Regulate Public Conduct on Publlc Passenger Vehicles, effective September 23, 1975 (D. C. Law 1-18; D.C. Code, sec. 44-223(b)), or pursuant to any other law. Sec. 6. Enforcement. (a) The owner, lessee, manager, operator, or other person in charge of an area in which smoking is prohibited by this act shall: signs; (I) Post and maintain the appropriate "No smoking" and (2) Ask persons smoking in violation of this act to refrain from smoking. (b) Whenever the owner, lessee, manager, operator, or other person in charge of an indoor enclosed area covered by this act requires a license issue@ by the District government in order to operate, the owner, lessee, manager, operator, or other person shall comply with this act as a requirement for receiving or renewing the license. When an on-site inspection is required prior to issuance or renewal of a license, the inspector shall certify that the appropriate signs are TI19810059

po~ted. When an on-site inspection is not required, a signed statement by the applicant that he or she has complied with and will continue to comply with this act shall constitute sufficient evidence of compliance for the purpose of the issuance of the permit or license. Failure to keep the required sign posted or any other violation of this act shall be grounds for license suspension or revocation. (c) An aggrieved person or class of persons may bring an action in the Superior Court of the District of Columbia for injunctive relief to prevent any owner, lessee, manager, operator, or person otherwise in charge of an enclosed area in which smoking is prohibited pursuant to this act from violating, or continuing to violate, any provision of this act. For the purposes of this subsection, the term "aggrieved person" means any person subjected to tobacco smoke due to failure of any person to comply with this act. Sec. 7. Penalties. (a) Violations of the.provisions of this act shall be penalized as follows: (i) Any person smoking in a posted "No Smoking" area shall, upon conviction, be fined not less than ~25 nor more than ~50 for a Ist offense; and not less than$50 nor more than $100 for each 2nd or subsequent offense; (2) Any person obscuring, removing, defacing, mutilating, or destroying any sign posted in accordance with the provisions of this act shall, upon conviction, be fined n~t more than $300; an~ T!19810060

(3) Any owner, lessee, manager, operator, or other person in charge of an area in which smoking is prohibited by this act, who fails to post and maintain or cause to be poste~ and maintaine~ "No Smoking" signs, shall, upon conviction, be fined not more than ~300. Each ~ay that the vlolation continues shall constitute a separate offense, and the penalties provided for in this paragraph shall be applicable to each separate offense. (b) The Mayor is authorized to establlsh procedures for the issuance of a citation to any person who violates this act requiring the person to post collateral in accordance with D.C. Code, sec. 16-704, to assure the person~s appearance in the Superior Court of the District of Columbia to answer the citation. The collateral may be forfeited in lleu of an appearance as the court may direct. (c} Issuances of citations pursuant to subsection (b) of this section shall not constitute arrests nor shall forfeitures of collateral pursuant to subsection (b) constitute convictions. Records which may be maintained in connection with the implementation of this section shall not constitute records of arrest under section 302 of Title III of the District of Columbia Law Enforcement Act of 1953, approve~ June 29, 1953 (67 star. 100~ D. Co Code, sec. 4-132), relatlng to arrest records, or section 386 of the Revised Statutes, relating to the District of Columbla, as amended, approved June 29, 1953 |67 Star. 99~ D. C. Code, sec. 4-131). 9 TI19810061